Disrepair and unfitness revisited
Smith, P. F.
Disrepair and unfitness revisited - 2003 - Conveyancer and Property Lawyer (67) March/April 2003,112-126(15) .
Discusses the inadequacies of the current rules governing repair of houses and flats held on short lease and the difficulty tenants have in securing redress of maintenance problems from their landlords. Looks at the challenges to the narrow scope of a residential landlord's statutory repairing obligation in two recent cases "Lee v Leeds City Council" ([2002] EWCA Civ 6 [2002]; 1 WLR 1488) and "Dunn and Bradford MDC" ([2002] EWCA Civ 1137 [2002]; 32 EG 88 (CS)). Examines the treatment by CA of the radical claims arising from these cases principally that letting premises in an unfit condition violated European Convention on Human Rights Art 8 and contravened consumer protection legislation. Considers the Housing (Scotland) Act 2001 as an alternative statutory model. Concludes that English law still lacks an effective residential tenancy repairs regime in spite of the government's housing health and safety scheme proposed in the Housing Bill.
PROUDFOOT V HART
QUICK V TAFF ELY BC
LEE V LEEDS CITY COUNCIL
DUNN V BRADFORD MDC
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
HOUSING (SCOTLAND) ACT 2001
Disrepair and unfitness revisited - 2003 - Conveyancer and Property Lawyer (67) March/April 2003,112-126(15) .
Discusses the inadequacies of the current rules governing repair of houses and flats held on short lease and the difficulty tenants have in securing redress of maintenance problems from their landlords. Looks at the challenges to the narrow scope of a residential landlord's statutory repairing obligation in two recent cases "Lee v Leeds City Council" ([2002] EWCA Civ 6 [2002]; 1 WLR 1488) and "Dunn and Bradford MDC" ([2002] EWCA Civ 1137 [2002]; 32 EG 88 (CS)). Examines the treatment by CA of the radical claims arising from these cases principally that letting premises in an unfit condition violated European Convention on Human Rights Art 8 and contravened consumer protection legislation. Considers the Housing (Scotland) Act 2001 as an alternative statutory model. Concludes that English law still lacks an effective residential tenancy repairs regime in spite of the government's housing health and safety scheme proposed in the Housing Bill.
PROUDFOOT V HART
QUICK V TAFF ELY BC
LEE V LEEDS CITY COUNCIL
DUNN V BRADFORD MDC
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
HOUSING (SCOTLAND) ACT 2001